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activities. Typical users of yellow pages include those wishing to contact a particular governmentagency or business, those ready to make a purchase but uncertain as to which supplier to choose or the address or phone number of a particular seller, and those seeking community informationregarding such topics asarea attractions, emergency contacts, drivers' licenses, utility services,recycling, voter registration, area maps, and public schools. Many affinity groups also publish anddistribute yellow pages directories addressing the informational interests of their target audiences.11.The State of Washington recognizes the value of telephone directories by requiringlocal telephone companies to arrange publication ofdirectories in each local exchange "listing thename, address ... and primary telephone number for each customer," residential or business, "whocan be called in that local exchange," and to distribute directories to each customer. WAC 480-120-251(1)-(3). The State also requires local telephone company directories to contain consumer information, including the rights and responsibilities of telephone customers, credit and depositinformation, delinquency and disconnection procedures, the Washington Telephone AssistanceProgram, the federal Enhanced Tribal Lifeline Program, and the right of consumers to have disputesheard by the Washington Utilities and Transportation Commission. WAC 480-120-251(6). Statelaw recognizes that local telephone companies frequently arrange to have that responsibilityfulfilled on their behalf by companies such as Dex and SuperMedia. WAC 480-120-251(1), (4),(5), (6). Pursuant to authority under state law, the Washington Utilities and TransportationCommission requires the local telephone company serving Seattle to provide not only listings byname but also classified listings of business subscribers. Dex's white and yellow pages provide allthis required information for residential and business subscribers in the Seattle area. SuperMediaalso publishes this information for the Seattle area and publishes, on behalf of another localtelephone company, the required information for other parts of King County.12.Yellow pages directories are distributed at no cost to consumers. Like "free"television, radio, and some newspapers, yellow pages publications are supported by advertising butdo more than propose commercial transactions.
Case 2:10-cv-01857 Document 1 Filed 11/15/10 Page 3 of 8